Horvitch v. Eaton

Citations

• 51 Pa. Super. 251
• 1912 Pa. Super. LEXIS 211

Syllabus

<p>Mortgage — Joint mortgage by husband and wife — Release of one tract — Notice.</p> <p>Where a husband and wife owning distinct pieces of land execute a joint mortgage covering both pieces, and thereafter die, and subsequently the assignee of the mortgage releases from the lien of the mortgage the lot owned by the husband, and upon subsequent default issues a scire facias against the lot owned by the wife, an affidavit of defense is insufficient to prevent judgment for the plaintiff for a moiety of the mortgage, which avers that the wife had executed the mortgage as an accommodation to her husband and that he had received all the proceeds thereof, without the further averment that the mortgagee had notice of these facts; but an averment in the affidavit that the plaintiff knew that the lands were held in severalty, and that the lot of the husband constituted the entire assets of the latter's estate and had been sold after the release to an unknown party, is sufficient to prevent a judgment for plaintiff for the remaining moiety of the mortgage debt.</p>